Opinion

Browning v. Secretary of Health and Human Services

Court
United States Court of Federal Claims
Filed
May 8, 2026
Status
Unpublished
On the bench
Brian H. Corcoran
Cited by
0 cases

The opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 25-0005V

ARLINE BROWNING, Chief Special Master Corcoran

Petitioner, Filed: April 7, 2026

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent.

Bridget Candace McCullough, Muller Brazil, LLP, Dresher, PA, for Petitioner.

Mark Kim Hellie, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON JOINT STIPULATION1

On January 3, 2025, Arline Browning filed a petition for compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the

“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine

administration (“SIRVA”) resulting from an influenza (“flu”) vaccine received on

September 12, 2023. Petition at 1; Stipulation, filed April 7, 2026, at ¶¶ 2-4. Petitioner

further alleges that the vaccine was administered in the United States, she suffered

residual effects of her injury for more than six months, and there has been no prior award

or settlement of a civil action for damages on her behalf as a result of her alleged injuries.

Petition at ¶¶ 2, 16-18; Stipulation at ¶¶ 3-5. “Respondent denies that petitioner sustained

a Table SIRVA, and further denies that the flu vaccine caused or significantly aggravated

any other injury, or petitioner’s current condition.” Stipulation at ¶ 6.

1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made

publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or

at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government

Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government

Services). This means the Decision will be available to anyone with access to the internet. In

accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other

information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I

agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease

of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C.

§ 300aa (2018).

Nevertheless, on April 7, 2026, the parties filed the attached joint stipulation,

stating that a decision should be entered awarding compensation. I find the stipulation

reasonable and adopt it as my decision awarding damages, on the terms set forth therein.

Pursuant to the terms stated in the attached Stipulation, I award the following

compensation:

A lump sum of $75,000.00, to be paid through an ACH deposit to Petitioner’s

counsel’s IOLTA account for prompt disbursement to Petitioner. Stipulation

at ¶ 8. This amount represents compensation for all items of damages that would

be available under Section 15(a). Id.

I approve the requested amount for Petitioner’s compensation. In the absence of

a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to

enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice

renouncing the right to seek review.

2

3Jn toe Wntteb ~tates Qt:ourt of jfeberal Qt:laims

OFFICE OF SPECIAL MASTERS

ARLINE BROWNING,

Petitioner,

Case No. 25-0005V (ECF)

V. CHIEF S PECIAL MASTER

CORCORAN

SECRETARY OF HEALTH

AND HUMAN SERVICES,

Respondent.

STIPULATION

The parties hereby stipulate to the following matters:

I. Arline Browing, petitioner, filed a petition for vaccine compensation under the

National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa- l Oto -34 (the "Vaccine

Program"). The petition seeks compensation for injuries allegedly related to petitioner's receipt

of the influenza ("flu") vaccine, which is a vaccine contained in the Vaccine Injury Table (the

"Table"), 42 C.F.R. § 100.3(a).

2. Petitioner received the flu vaccine on September 12, 2023.

3. The vaccination was administered within the United States.

4. Petitioner alleges that she sustained a left shoulder injury related to vaccine

administration ("SIRVA") within the Table time period after receiving the flu vaccine, and

alleges that she experienced the residual effects of this injury for more than six months.

5. Petitioner represents that there has been no prior award or settlement of a civil

action for damages on her behalf as a result of her alleged injuries.

6. Respondent denies that petitioner sustained a Table SIRVA, and further denies

that the flu vaccine caused or significantly aggravated any other injury, or petitioner's cun-ent

condition.

7. Maintaining their above-stated positions, the parties nevertheless now agree that

the issues between them shall be settled and that a decision should be entered awarding the

compensation described in paragraph 8 of this Stipulation.

8. As soon as practicable after an en tty of judgment reflecting a decision consistent

with the terms of this Stipulation, and after petitioner has filed an election to receive

compensation pursuant to 42 U.S.C. § 300aa-2 l (a)( I), the Secretary of Health and Human

Services will issue the following vaccine compensation payment:

A lump sum of $75,000.00 to be paid through an ACH deposit to petitioner's counsel's

IOLTA account for prompt disbursement to petitioner.

This amount represents compensation for all damages that would be available under

42 U.S.C. § 300aa- 15(a).

9. As soon as practicable after the enhy of judgment in this case, and after petitioner

has filed both a proper and timely election to receive compensation pL1rsuant to

42 U.S.C. § 300aa-2 I (a)( I), and an application, the parties will subm it to further proceedings

before the special master to award reasonable attorneys' fees and costs incurred in proceeding

upon this petition.

I0. Petitioner and her attorney represent that compensation to be provided pursuant to

this Stipulation is not for any items or services for which the Program is not primarily liable

under 42 U .S.C. § 300aa- l 5(g), to the extent that payment has been made or can reasonably be

expected to be made under any State compensation programs, insurance policies, Federal or

2

State health benefits programs (other than Title XIX of the Social Security Act

(42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis.

I 1. Payrnent made pursuant to paragraph 8 of this Stipulation and any amounts

awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with

42 U.S.C. § 300aa- 15(i), subject to the availability of sufficient statutory funds.

12. The parties and their attorneys further agree and stipulate that, except for any

award for attorneys' fees and litigation costs, and past unrcimbursed expenses, the money

provided pursuant lo this Stipulation will be used solely for the benefit of petitioner as

contemplated by a strict construction of 42 U.S.C. § 300aa- I 5(a) and (d), and subject to the

conditions of 42 U.S.C. § 300aa- 15(g) and (h).

13. In return for the payments described in paragraphs 8 and 9, petitioner, in her

individual capacity, and on behalf of her heirs, executors, administrators, successors or assigns,

does forever irrevocably and unconditionally release, acquit, and discharge the U nited States and

the Secretary of Health and Human Services from any and all actions or causes of action

(including agreements, judgments, claims, damages, loss of services, expenses and all demands

of whatever kind or nature) that have been brought, could have been brought, or could be timely

brought in the Court of Federal Claims, under the National Vaccine Injury Compensation

Program, 42 U.S.C. § 300aa- 10 et seq., on account of, or in any way growing out of, any and all

known or unknown, suspected or unsuspected personal injuries lo or death of petitioner resulting

from, or alleged to have resulted from, the flu vaccination administered on September 12, 2023,

as alleged by petitioner in a petition for vaccine compensation filed on or about January 3, 2025,

in the United States Court of Federal Claims as file No. 25-0005V.

3

14. If petitioner should die prior to entry of judgment, this agreement shall be

voidable upon proper notice to the Court on behalf of either or both of the pa1ties.

15. If the special master fails to issue a decision in complete conformity with the

terms of this Stipulation or if the Court of Federal Claims fai ls to enter judgment in conformity

with a decision that is in complete conformity with the terms of this Stipulation, then the parties'

settlement and this Stipulation shall be voidable at the sole discretion of either party.

16. This Stipulation expresses a full and complete negotiated settlement of liability

and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended,

except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of

the parties hereto to make any payment or to do any act or thing other than is herein expressly

stated and clearly agreed to. The parties futther agree and understand that the award described in

this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or

amount of damages, and further, that a change in the nature of the injury or condition or in the

items of compensation sought, is not grounds to modify or revise this agreement.

17. This Stipulation shall not be construed as an admission by the United States or the

Secretary of Ilcalth and Human Services that the flu vaccine caused petitioner's alleged left

shoulder injury or any other injury or her cu1Tent condition, or that petitioner suffered an injury

contained in the Vacci ne Injury Table.

18. All rights and obligations of petitioner hereunder shall apply equally to

petitioner's heirs, executors, administrators, successors, and/or assigns.

END OF STlPULATION

4

Respectfully submitted,

PETITIONER:

ARLINE BROWNING

EY OF RECORD FOR AUTHORIED REPRESENTATIVE

E: OF THE ATTORNEY GENERAL:

~\i...P~

~~~rtfi~ifrrr~~~r;::,,,...,.--==-- ~ ~ ~ER L. PEARLMAN

Mui e • razi Deputy Director

15-Twining Road, Suite 208 Torts Branch, Civil Division

Dresher, PA 19025 U.S. Department of Justice

bridget@mullerbrazil.com P.O. Box 146

(215) 885-1655 Benjamin Franklin Station

Washington, DC 20044-0146

AUTHORIZED REPRESENTATIVE ATTONEY OF RECORD FOR

OF THE SECRETARY OF HEALTH RESPONDENT:

AND HUMAN SERVICES:

Digitally signed by Jeffrey

Jeffrey S. s. Beach -s

Beach -5 Date:2026.03.2710:32:39

.04·00· for

CAPT GEORGE REED GRTMES, MD, MPH MARK K. HELLlE

Director, Division ofinjury Trial Attorney

Compensation Programs Torts Branch, Civi l Division

Health Systems Bureau tJ.S. Department of Justice

Health Resources and P.O. Box 146

Services Administration Benjamin Franklin Station

U.S. Department of Health and Washinf:,>ton, DC 20044-0 146

Human Services mark.hell ie@usdoj.gov

5600 Fishers Lane, 14W-18 (202) 616-4208

Rockville, MD 20857

Dated: /tf)t i / ] , lO CG

5

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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